(a) In General. A party applying to the court for an order must do so by motion.

(b) Form and Content. A motion--except when made during a trial or hearing--must be in
writing, unless the court permits the party to make the motion by other means. A motion
must state the grounds on which it is based and the relief or order sought. A motion may be
supported by affidavit.

(c) Timing of a Motion. A party must serve a written motion--other than one that the court
may hear ex parte--and any hearing notice at least 1821 days before
the hearing date, unless
a rule or court order sets a different period. For good cause, the court may set a different
period upon ex parte application.

(d) Affidavit Supporting a Motion. The moving party must serve any supporting affidavit
with the motion. A responding party must serve any opposing affidavit at least one day
before the hearing, unless the court permits later service.

EXPLANATORY NOTE

Rule 47 was amended, effective March 1, 2006; _______________.

Rule 47 is an adaptation of Fed.R.Crim.P. 47. The rule is intended to state the general
requirements for all motions. To achieve flexibility, the rule does not require grounds for a
motion to be stated with particularity, and the use of affidavits in support of a motion is
permissive.

Rule 47 is not intended to permit speaking motions, i.e., a motion supported by affidavit
attempting to establish facts which can only be established at a trial or hearing where
evidence is introduced.

Rule 45 on calculating time, Rule 49 on service and filing of documents, and N.D.R.Ct. 3.2
relating to submission of motions should be considered when making a motion under this
rule.

Subdivision (c) was amended, effective ______________, to change the time to serve a
motion from 18 to 21 days before the hearing date.

Rule 47 was amended, effective March 1, 2006, in response to the December 1, 2002,
revision of the Federal Rules of Criminal Procedure. The language and organization of the
rule were changed to make the rule more easily understood and to make style and
terminology consistent throughout the rules. In addition, to achieve consistency with the
federal rules, the language of subdivisions (c) and (d) was transferred to this rule from Rule
45.